IN RE PICKENS

No. 05-162.

134 P.3d 1231 (2006)

2006 WY 54

In the Matter of the Worker's Compensation Claim of Bobby Joe PICKENS. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, Appellant (Respondent), v. Bobby Joe Pickens, Appellee (Petitioner).

Supreme Court of Wyoming.

May 4, 2006.


Attorney(s) appearing for the Case

Representing Appellant: Patrick J. Crank, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; and Kristi M. Radosevich, Assistant Attorney General.

Representing Appellee: Edward G. Luhm of Scott, Shelledy and Luhm, P.C., Worland, Wyoming.

Before HILL, C.J., and GOLDEN, VOIGT, and BURKE, JJ., and PERRY, D.J.


VOIGT, Justice.

[¶ 1] Bobby Joe Pickens (the claimant) sought permanent total disability benefits under the "odd lot" doctrine. The Workers' Compensation Division (the Division) denied benefits and, after a contested case hearing, the Medical Commission (the Commission) agreed with the Division. On appeal, the district court reversed the Commission and held that the claimant had proven his eligibility for odd lot treatment and awarded him permanent total disability...

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